NIRMAL YADAV,J - (1.) THIS is wife's appeal against the judgment and decree dated 2.4.2004 passed by the Additional District Judge, Panchkula, vide which the husband's petition for divorce under Section 13 of Hindu Marriage Act, 1955, hereinafter referred to as 'the Act', has been accepted.
(2.) ON a petition filed by the wife under Section 9 of the Act, a decree for restitution of conjugal rights was passed by the Additional Civil Judge (Senior Division), Chandigarh on 20.12.2000. In the said petition, the husband put in appearance and filed written statement. However, he absented himself from the proceedings and was proceeded against ex parte. The wife made numerous efforts to join the matrimonial home and requested the husband to rehabilitate her, however, all her efforts failed. An execution petition was also filed by the wife, which is still pending adjudication and is fixed for 11.10.2006. On 21.8.1996, the husband also filed a petition under Section 13 of the Act for dissolution of the marriage, at Dehradun, which was transferred to Chandigarh by the order of Supreme Court. During the pendency of the said petition, the trial Court awarded maintenance pendente lite at the rate of Rs. 1000/- per month to the wife. However, the entire amount of maintenance was not paid by the husband. Case was adjourned for making the payment on 8.1.2001 to 6.2.2001. On 6.2.2001, case was called several times but none appeared on behalf of the husband and, therefore, the petition was dismissed in default. The maintenance pendente lite awarded by the Court was also not paid by the husband. Thereafter the husband has filed the present petition under Section 13(i)(A)(ii) of the Act for dissolution of marriage on the ground that after the passing of the decree under Section 9 of the Act, the parties could not co-habit and live together, therefore, praying for granting of a decree of divorce on the aforesaid ground. Petition was contested by the wife wherein she admitted having filed a petition under Section 9 of the Act. The husband absented during the proceedings and an ex parte decree was passed in favour of the wife. It is pleaded that from the conduct of the husband it can be well inferred that he was not interested in keeping the marriage alive. On the other hand, the wife had always been willing and ready to reside and settle with the husband. During the execution proceedings also, the husband did not respond to the wife's efforts for rehabilitation. It is pleaded that the husband had filed a petition under Section 13 of the Act for dissolution of the marriage, which was dismissed in default. During the pendency of that petition, the learned trial Court had awarded maintenance, but not even a penny was paid out of the maintenance pendente lite awarded by the Court to the wife. The husband has deprived the wife of her right to survival, therefore, he cannot be allowed to take advantage of his own wrongs. It was further pleaded that the wife was insulted and harassed by her in-laws and other relatives on account of demand of dowry though sufficient dowry was given at the time of marriage. After bearing the on-slaught for a long time, the wife filed complaint under Sections 406 and 498-A of Indian Penal Code against the husband, his parents and other relatives. In the said complaint, the husband was convicted vide order dated 7.5.2005. Appeal against the said judgment and order dated 7.5.2005 was also dismissed on 7.6.2006 and a criminal revision is pending in this Court.
(3.) THE trial Court after taking into consideration the evidence and facts on record, allowed the petition filed by the husband granting decree of divorce for dissolution of marriage under Section 13(1A)(ii) of the Act. Aggrieved by the said judgment and decree of the trial Court dated 2.4.2004, the wife has come up in the present appeal.;